alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NEW YOEK COMMON PLEAS.

#### John E. Darrow, Receiver, &c. agt. Richard I. Bruff, and others.

A general *assignment for ike "benefit of creditors,*of a limited partnership, executed and acknowledged by the *resident partner*in person, for himself, for the firm and aa the attorney in fact pf the *non resident partners,*is sufficiently executed.

Non resident members of a firm are not necessarily included in the statutory requirement of a personal execution and acknowledgment by each of the assignors.

*Special Term, December,*1868.

The plaintiff as a receiver, appointed in supplementary-proceedings, filed a bill to set aside the general assignment of a special partnership, upon the single ground that it was not executed and acknowledged by all of the general partners in person, before delivery to the assignee. One of the partners resided in New York, and the- other two in New Orleans. The remaining facts are sufficiently stated In the opinion.

William H. Dickinson, *for plaintiff.*

Augustus F. Smith, *for defendant.*

Barrett, J.

The instrument in question was the general assignment of a special or limited partnership. It was acknowledged by the resident partner in person, for himself, for the firm, and as the attorney, in fact, of the non-resident partners, who promptly ratified his acts. It is, therefore, distinguishable from *Adams*agt. *Houghton*(3 *Abb. N. S.*46), which was a case of an assignment by resident debtors exclusively. That case went far enough, and I entirely con-concur in Judge Brady’s intimation that non-resident members of a firm are not necessarily included in the statutory *480requirement of a personal execution and acknowledgment by each of the assignors. The legislature could never have contemplated nor intended that the property of an embarrassed or insolvent firm should be left to be scrambled for in a creditors’ race of diligence, and to be sacrificed upon the first-acquired executions, while the assignment is traveling, perhaps thousands of miles, for the signature and acknowledgment of a single non-resident partner. Such • a construction would be especially unreasonable in the case of a limited partnership, where equality in the distribution of the assets is one of the duties imposed upon the partners. It would be a most inharmonious state of the law, were the practical working of the equality so prescribed made to effect a complete inversion of the intention. I am therefore of opinion that the assignment in question is valid and that the complaint should be dismissed with costs. .
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report on Form 10-Q of WNC Housing Tax
Credit Fund VI, L.P., Series 7 (the "Partnership") for the quarters ended
December 31, 2005, September 30 2005 and June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), and
pursuant to 18 U.S.C., section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, I, Wilfred N. Cooper, Jr., President and Chief
Executive Officer of WNC & Associates, Inc., general partner of the Partnership,
hereby certify that:

         1.       The Report fully complies with the requirements of section
                  13(a) or 15(d) of the Securities Exchange Act of 1934, except
                  to the extent that such provisions require the audit report of
                  Local Limited Partnership financial statements to refer to the
                  auditing standards of the Public Company Accounting Oversight
                  Board for the Partnership's annual financial statements and
                  except that the Report is a cumulative report covering each of
                  the quarters ended December 31, September 30 and June 30, 2005
                  and

         2.       The information contained in the Report fairly presents, in
                  all material respects, the financial condition and result of
                  operations of the Partnership.



/s/Wilfred N. Cooper, Jr.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
July 24, 2008
# EUR-Lex - 12002E265 - EN

Avis juridique important

*|*

# 12002E265

**Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title I: Provisions governing the institutions - Chapter 4: The Committee of the Regions - Article 265 - Article 198c - EC Treaty (Maastricht consolidated version) - **

*
Official Journal C 325 , 24/12/2002 P. 0139 - 0139 Official Journal C 340 , 10/11/1997 P. 0285 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0069 - Consolidated version *

Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title I: Provisions governing the institutions

Chapter 4: The Committee of the Regions

Article 265

Article 198c - EC Treaty (Maastricht consolidated version)

Article 265

The Committee of the Regions shall be consulted by the Council or by the Commission where this Treaty so provides and in all other cases, in particular those which concern cross-border cooperation, in which one of these two institutions considers it appropriate.

The Council or the Commission shall, if it considers it necessary, set the Committee, for the submission of its opinion, a time limit which may not be less than one month from the date on which the chairman receives notification to this effect. Upon expiry of the time limit, the absence of an opinion shall not prevent further action.

Where the Economic and Social Committee is consulted pursuant to Article 262, the Committee of the Regions shall be informed by the Council or the Commission of the request for an opinion. Where it considers that specific regional interests are involved, the Committee of the Regions may issue an opinion on the matter.

The Committee of the Regions may be consulted by the European Parliament.

It may issue an opinion on its own initiative in cases in which it considers such action appropriate.

The opinion of the Committee, together with a record of the proceedings, shall be forwarded to the Council and to the Commission.
**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Jupitermedia Corporation (the "Company") on Form 10-Q for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Alan M. Meckler, Chairman and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)        The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2)        The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 
| /s/ Alan M. Meckler                  |
|--------------------------------------|
| Alan M. Meckler                      |
| Chairman and Chief Executive Officer |
|                                 |
| May 10, 2005                         |

 

 

**This certification is made solely for the purpose of 18 U.S.C. § 1350, subject to the knowledge standard therein, and not for any other purpose.**
###### Editorial Note on Part 300

#### Editorial Note:

Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

#### § 300.200 Purpose and scope.

The purpose of this subpart is to implement the requirements in the High Seas Driftnet Fishing Moratorium Protection Act (“Moratorium Protection Act”) to identify and certify nations whose vessels engaged in illegal, unreported, or unregulated fishing; whose fishing activities result in bycatch of protected living marine resources; or whose vessels engaged in fishing activities or practices on the high seas that target or incidentally catch sharks where the nation has not adopted a regulatory program for the conservation of sharks, comparable in effectiveness to that of the United States, taking into account different conditions. This language applies to vessels entitled to fly the flag of the nation in question. Where the Secretary of Commerce determines that an identified nation has not taken the necessary actions to warrant receipt of a positive certification, the Secretary of Commerce may recommend to the President that the United States prohibit the importation of certain fish and fish products from the identified nation or other measures. The Secretary of Commerce will recommend to the President appropriate measures, including trade restrictive measures, to be taken against identified nations that have not received a positive certification, to address the fishing activities or practices for which such nations were identified in the biennial report. The Secretary of Commerce will make such a recommendation on a case-by-case basis in accordance with international obligations, including the World Trade Organization (WTO) Agreement. The Moratorium Protection Act also authorizes cooperation and assistance to nations to take action to combat illegal, unreported, or unregulated fishing, reduce bycatch of protected living marine resources, and achieve shark conservation.

[78 FR 3342, Jan. 16, 2013]
[Federal Register Volume 71, Number 182 (Wednesday, September 20, 2006)]
[Notices]
[Pages 54990-54991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7798]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION


Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following 
agreements under the Shipping Act of 1984.

[[Page 54991]]

Interested parties may submit comments on an agreement to the 
Secretary, Federal Maritime Commission, Washington, DC 20573, within 
ten days of the date this notice appears in the Federal Register. 
Copies of agreements are available through the Commission's Office of 
Agreements (202-523-5793 or <a href="/cdn-cgi/l/email-protection#7a0e081b1e1f1b141b16030913093a1c1719541d150c"><span class="__cf_email__" data-cfemail="becaccdfdadbdfd0dfd2c7cdd7cdfed8d3dd90d9d1c8">[email protected]</span></a>).

    Agreement No.: 010714-040.
    Title: Trans-Atlantic American Flag Liner Operators Agreement.
    Parties: A.P. Moller-Maersk A/S; American President Lines, Ltd.; 
American Roll-On Roll-Off Carrier, LLC; and Hapag-Lloyd USA, LLC.
    Filing Party: Howard A. Levy, Esq.; 80 Wall Street, Suite 1117; New 
York, NY 10005.
    Synopsis: The amendment changes the name of CP Ships (USA) LLC to 
Hapag-Lloyd USA, LLC.
    Agreement No.: 201173.
    Title: UMS P&O Ports Marine Terminal Agreement.
    Parties: P&O Ports North America, Inc. and Universal Maritime 
Service Corporation.
    Filing Party: Neal M. Mayer, Esq.; Hoppel, Mayer & Coleman; 1050 
Connecticut Avenue, NW.; 10th Floor; Washington, DC 20036.
    Synopsis: The agreement would authorize the parties to discuss, on 
a voluntary and non-binding basis, issues relating to possible 
cooperation with respect to matters relating to marine terminal 
operation and services in Baltimore.

    By order of the Federal Maritime Commission.

    Dated: September 15, 2006.
Bryant L. VanBrakle,
Secretary.
[FR Doc. 06-7798 Filed 9-19-06; 8:45 am]
BILLING CODE 6730-01-P


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§ 80.122 May an agency deduct the costs of generating program income from gross income? ( a ) A State fish and wildlife agency may deduct the costs of generating program income from gross income when it calculates program income as long as the agency does not: ( 1 ) Pay these costs with: ( i ) Federal or matching cash under a Federal grant; or
( ii ) Federal cash unrelated to a grant.
( 2 ) Cover these costs by accepting: ( i ) Matching in-kind contributions for a Federal grant; or
( ii ) Donations of services, personal property, or real property unrelated to a Federal grant.
( b ) Examples of costs of generating program income that may qualify for deduction from gross income if they are consistent with paragraph (a) of this section are: ( 1 ) Cost of estimating the amount of commercially acceptable timber in a forest and marking it for harvest if the commercial harvest is incidental to a grant-funded habitat-management or facilities-construction project.
( 2 ) Cost of publishing research results as a pamphlet or book for sale if the publication is incidental to a grant-funded research project.
§ 80.134 How must an agency use real property? ( a ) If a grant funds acquisition of an interest in a parcel of land or water, the State fish and wildlife agency must use it for the purpose authorized in the grant.
( b ) If a grant funds construction of a capital improvement, the agency must use the capital improvement for the purpose authorized in the grant during the useful life of the capital improvement. The agency must do this even if it did not use grant funds to: ( 1 ) Acquire the parcel on which the capital improvement is located; or
( 2 ) Build the structure in which the capital improvement is a component.
( c ) If a grant funds management, operation, or maintenance of a parcel of land or water, or a capital improvement, the agency must use it for the purpose authorized in the grant during the grant period. The agency must do this even if it did not acquire the parcel or construct the capital improvement with grant funds.
( d ) A State agency may allow commercial, recreational, and other secondary uses of a grant-funded parcel of land or water or capital improvement if these secondary uses do not interfere with the authorized purpose of the grant.
# Alphabetical Index to the SCG,
**EXHIBIT 31.1****CERTIFICATIONS**I, Anthony J. Conway, Chief Executive Officer of Rochester Medical Corporation, certify that:1. I have reviewed this Annual Report on Form 10-K of Rochester Medical Corporation; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.     Date:December 26, 2006 /s/ Anthony J. Conway Chief Executive Officer
§ 3.3 Discrimination by contractors and permittees prohibited. The provisions of part III of Executive Order 10925 (3 CFR, 1959-1963 Comp. p. 448) and the provisions of Executive Order 11114 (3 CFR, 1959-1963 Comp. p. 774), as they may be amended, and the regulations of the President's Council on Equal Opportunity, the President's Committee on Equal Employment Opportunity, contained in 41 CFR part 60, and the Equal Employment Opportunity Commission are applicable to all agreements, or modifications thereof, between the Service and any person for supplies, services or facilities, or for the use of any Government property, services or facilities. ( a ) Any person who provides public accommodations, facilities, services, or privileges upon any land under the control or administration of the Service through a permit, contract, concession contract, or other form of agreement with the Service is prohibited from discriminating by segregation or otherwise against any person because of race, color, creed, or national origin in the furnishing or refusing to furnish such person any accommodation, facility, service, or privilege which is offered to or enjoyed by the general public, and will agree to abide by the prohibitions against discrimination contained in the permit, contract, or agreement.
( b ) Any person who uses, occupies, or possesses any land under the administration or control of the Service through a permit, contract, concession contract, or other form of agreement with the Bureau is prohibited, in conjunction with the acts or activities authorized or permitted by such permit, contract, or agreement, from discriminating against any employee or applicant for employment or maintaining any employment practice which discriminates in any manner because of race, color, creed, or national origin, and will agree to abide by the prohibitions against discrimination contained in the permit, contract, or agreement.
**Exhibit
      31.2**





**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER**




I,
      Colin
      Baird, certify that:




1.
      I have
      reviewed this quarterly report on Form 10-QSB of Australian Forest
      Industries;




2.
      Based
      on my knowledge, this quarterly report does not contain any untrue statement
      of
      a material fact or omit to state a material fact necessary to make the
      statements made, in light of the circumstances under which such statements
      were
      made, not misleading with respect to the period covered by this quarterly
      report;




3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this quarterly report, fairly present in all material respects
      the
      financial condition, results of operations and cash flows of the registrant
      as
      of, and for, the periods presented in this quarterly report;




4.
      I am
      responsible for establishing and maintaining disclosure controls and procedures
      (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and
      have:




a)
      designed such disclosure controls and procedures to ensure that material
      information relating to the registrant, including its consolidated subsidiaries,
      is made known to us by others within those entities, particularly during the
      period in which this quarterly report is being prepared;




b)
      evaluated the effectiveness of the registrant’s disclosure controls and
      procedures as of a date within 90 days prior to the filing date of this
      quarterly report (the “Evaluation Date”); and




c)
      presented in this quarterly report my conclusions about the effectiveness of
      the
      disclosure controls and procedures based on our evaluation as of the Evaluation
      Date;




5.
      I have
      disclosed, based on our most recent evaluation, to the registrant’s auditors and
      the audit committee of registrant’s board of directors (or persons performing
      the equivalent functions):




a)
      all
      significant deficiencies in the design or operation of internal controls which
      could adversely affect the registrant’s ability to record, process, summarize
      and report financial data and have identified for the registrant’s auditors any
      material weaknesses in internal controls; and




b)
      any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the registrant’s internal controls; and




6.
      I have
      indicated in this quarterly report whether or not there were significant changes
      in internal controls or in other factors that could significantly affect
      internal controls subsequent to the date of my most recent evaluation, including
      any corrective actions with regard to significant deficiencies and material
      weaknesses.




Date:
                May 21, 2007/s/
                Colin BairdName:
                Colin BairdTitle:
                Chief Financial Officer
USDANEWS      VOLUME 57 NO.4 -MAY 1998
§ 665.166 Closures. ( a ) If the Regional Administrator determines that the harvest quota for any coral bed will be reached prior to the end of the fishing year, NMFS shall publish a notice to that effect in the Federal Register and shall use other means to notify permit holders. Any such notice must indicate the reason for the closure, the bed being closed, and the effective date of the closure.
( b ) A closure is also effective for a permit holder upon the permit holder's actual harvest of the applicable quota.